Glen Allen, VA asked in Real Estate Law and Landlord - Tenant for Virginia

Q: Received summons for unlawful detainer.Plaintiff decided to ask the judge to dismiss the i need appear on date

Unfortunately i forgot to pay rent on time for Dec 2018. I paid the rent 2 days later via personal Check. Meanwhile management had added a late fee to rent amount & as per my request, manager waived off that late fee and told problem is solved as the rent is paid. But after 10 -15 days, I received the monthly statement for January 2019 and noticed December month rent was also included.

I was confused and when I asked the management, they told as if rent is past the due date it must be paid only through money order or cashier's check and thus they have not posted my personal check. This was not informed to be on the day I gave the check or even later. When I enquired after 15 days seeing the statement, the management told it is communication mistake and waived off both attorney fee & court fee. Also as the summon was already initiated, they informed that they will ask the Judge to dismiss the case.My question is, If the case is going to be dismissed do I need to appear on that date?

1 Lawyer Answer

F. Paul Maloof

  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: To be safe, I would appear at court to make certain the case is dismissed.

1 user found this answer helpful

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